R L Kalathia And Co vs State Of Gujarat
2023 Latest Caselaw 1596 Guj

     C/FA/613/2023                             ORDER DATED: 15/02/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/FIRST APPEAL NO.613 of 2023
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                         R L KALATHIA AND CO
                                Versus
                          STATE OF GUJARAT
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Appearance :
MR GT DAYANI for the Appellant.
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Defendant.
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MS. JUSTICE NISHA M. THAKORE

                    Date : 15/02/2023
                      ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A. J. DESAI)

1. By way of the present appeal filed under Section 13 of the Commercial Courts Act, 2015 read with Section 96 of the Code of Civil Procedure, 1908, the appellant - original plaintiff has challenged the judgment and decree dated 16.04.2022/22.04.2022 passed by learned Principal Senior Civil Judge, Gandhinagar in commercial Civil Suit No.4 of 2021 [Old Special Civil Suit No.156 of 2002 (Special Civil Suit No.14 of 1987)] challenging part of the judgment and decree to the extent to which some of the claim of the plaintiff came to be rejected.

2. The appeal came to be filed on 15.11.2022 before this Court as per the Notification issued by the Registry of this Court existing on that date.

3. During the pendency of the present appeal, Registrar General of this Court issued Notification dated 3.1.2023 by which

C/FA/613/2023 ORDER DATED: 15/02/2023

the Hon'ble Chief Justice is pleased to constitute Commercial Appellate Division in the High Court of Gujarat, Ahmedabad to deal with the appeal against the judgment or order passed by the Commercial Courts constituted under sub-Section (1) of Section 3 of the Commercial Courts Act, 2015 (4 of 2016), namely, (i) Judge of City Civil Court, Ahmedabad; (ii) Additional District Judge; and Commercial Division of High Court.

4. In view of the above notification, the present Appeal is required to be filed before the Commercial Appellate Court having jurisdiction to decide the present Appeal.

5. Accordingly, in view of the above referred notification, Registry is hereby directed to return the original appeal memo along with all the papers annexed thereto including Court Fee stamps to the learned advocate appearing for the appellant so as to enable him to present it before appropriate Commercial Court Appellate Division having jurisdiction. Registry is directed to do the needful within a period of one week. The appellant may file the appeal before the appropriate Commercial Court Appellate Division within a period of three weeks thereafter.

6. It is hereby made clear that this Court has not examined the merits of the case.

(A. J. DESAI, J)

(NISHA M. THAKORE,J) SAVARIYA